94-E-6 Elections
ORDINANCE NO .9!i -:1= ~
AN ORDINANCE CALLING A HOME RULE CHARTER
AMENDMENT ELECTION TO BE HELD IN THE CITY OF
SCHERTZ, TEXAS ON MAY 7, 1994; MAKING
PROVISION FOR THE CONDUCT OF THE ELECTION;
AND RESOLVING OTHER MATTERS INCIDENT AND
RELATED TO SUCH ELECTION
WHEREAS, the City Council (the "Council") of the City
of Schertz, Texas (the "City") on its own motion hereby
determines to submit to the qualified voters of the City for
their adoption or rejection certain proposed amendments to
the City's Home Rule Charter (the "Charter") pursuant to the
provisions of Section 12.04 of the Charter and Section
9.004, as amended, Local Government Code; and
WHEREAS, the Council has received a petition pursuant
to Section 12.04 of the Charter and pursuant to Section
9.004, as amended, Local Government Code requesting that the
Council submit to the qualified voters of the City for their
adoption or rejection a proposed amendment to the Charter;
and
WHEREAS, the Council hereby finds and determines that
the Charter amendment election shall be held on May 7, 1994
which is the next uniform election date and the City's next
regular municipal election date; and
WHEREAS, the Council hereby finds and determines that
holding the proposed Charter amendment election on the next
uniform election date and the City's next regular municipal
election date is in the best interests of the citizens of
the City; and
WHEREAS, the City Secretary shall publish notice of
this election as required by applicable law; and
WHEREAS, the Council hereby finds and determines that
it is in the best interests of the citizens of the City to
submit, for adoption or rejection, the proposed amendments
to the Charter, at the earliest possible date, in order for
this Council to be advised of the wishes of the citizens of
the City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS THAT:
SECTION 1. An election shall be held on the 7th day
of May, 1994, a uniform election date and the next regular
municipal election date, in the City of Schertz, Texas,
which date is not less than thirty (30) days nor more than
ninety (90) days from the date of the final adoption of this
ordinance (this "Ordinance"). The official ballots for the
election shall be prepared in accordance with the Texas
Election Code, as amended, and the Charter so as to permit
the qualified voters of the City to vote "Yes" or "No" for
each of the proposed Charter amendments which shall appear
on the ballot substantially as provided below. On the date
of the election the following amendments to the Charter
shall be submitted to the qualified voters of the City:
Charter Amendment No. 1
"Shall Section 4.01. THE CITY COUNCIL: Number. Selection
and Term of the existing City Charter be amended to provide
as follows?":
"The City Council shall be composed of the Mayor and five
Councilmembers. The Mayor and all Councilmembers shall be
elected from the City at large. The Mayor and
Councilmembers shall be elected in the manner provided in
Section 9.01 of this Charter for four-year terms. A person
may serve no more than two consecutive terms as a
Councilmember, and a person may serve no more than two
consecutive terms as Mayor. Each Councilmember shall occupy
a position on the Council, such positions being numbered 1
through 5. At the first general election held after the
effective date of this provision and each fourth year
thereafter, Councilmembers to fill positions 3, 4, and 5
shall be elected. The following year and each fourth year
thereafter, the Mayor and the Councilmembers filling
positions 1 and 2 shall be elected. Terms of office held
prior to the effective date of this provision shall not be
counted in determining a person's authority to hold a
position on the City Council."
Charter Proposition No. 1
"Shall the City be authorized to amend the City Charter as
provided in Amendment No. 17"
Yes
No
Charter Amendment No. 2
"Shall Article IV, Section 4.01 of the existing City Charter
be amended to add the following?"
"No person shall be eligible for more than two, two year
consecutive terms in that office without an absence of at
least one two year term."
Charter Proposition No. 2
"Shall the City be authorized to amend the City Charter as
provided in Amendment No. 27"
Yes
No
Charter Amendment No. 3
"Shall Section 8.02. PLANNING, ZONING AND ADJUSTMENTS:
Board of Adjustment of the existing City Charter be amended
to provide as follows?":
"The Council may establish a Board of Adjustment in
accordance with the applicable laws of the State of Texas as
now or hereafter amended."
Charter Proposition No. 3
"Shall the City be authorized to amend the City Charter as
provided in Amendment No 3?"
Yes No
SECTION 2. The Council is required by law to submit
Charter amendment propositions to the voters in the format
set forth in Section 1, above. The Council recognizes that
the terms of Amendment No. 1 conflict with the terms of
Amendment No. 2 but desire to provide the voters with
alternatives regarding term limitations for Councilmembers
and the Mayor. In the event Amendment No. 1 and Amendment
No. 2 shall each receive a greater number of votes "For"
than "Against" at such election, the Council declares that
the Amendment approved by the greatest number of affirmative
votes shall be effective, and the other Amendment shall not
be effective. In the event that both such Amendments
prevail by the same number of affirmative votes, the Council
declares that the Amendment receiving the least number of
negative votes shall be effective, and the other Amendment
shall not be effective. If both such Amendments prevail by
the same number of affirmative votes and receive the same
number of negative votes, the Council delcares that
Amendment No. 2 (being the Amendment proposed by petition
of qualified voters of the City) shall be effective and
Amendment No. 1 shall not be effective.
SECTION 3. Paper ballots shall be used for voting on
the date of the election. Paper ballots shall also be used
for absentee voting by personal appearance and by mail.
SECTION 4. The City shall constitute one election
precinct for holding the election. The polling place hereby
designated for holding the election shall be the Schertz
Community Center, 1400 Schertz Parkway, Schertz, Texas
78154. Janestine Kvapil is hereby appointed Presiding Judge
and Ralph J. Kavoras is hereby appointed Alternate
Presiding Judge.
The Presiding Judge shall appoint not less than two
(2) nor more than four (4) qualified clerks to serve and
assist in conducting the election. However, if the
Presiding Judge appointed actually serves, the Alternate
Presiding Judge shall serve as one of the clerks. The
, .'
appointment of such clerks must include a person fluent in
the Spanish language to serve as a clerk to render oral aid
in the Spanish language to any voter desiring such aid at
the polls on the day of the election. In the absence of the
Presiding Judge, the Alternate Presiding Judge shall perform
the duties of the Presiding Judge of the election precinct.
On election day, the polls shall be open from 7:00
a.m. to 7:00 p.m.
The City Secretary will serve as the Early Voting
Clerk and her mailing address is P.O. Drawer 1, Schertz,
Texas 78154. Early voting shall be conducted at the Schertz
Community Center, located at 1400 Schertz Parkway, Schertz,
Texas 78154. With the exception of Saturdays, Sundays, and
official State holidays, this office or place shall remain
open from 8:30 a.m. to 4:45 p.m. for early voting.
An Early Voting Ballot Board is hereby established for
the purpose of processing early voting results. Janestine
Kvapil is appointed the Presiding Judge of the Early Voting
Ballot Board. The Presiding Judge shall appoint not less
than two (2) nor more than four (4) resident qualified
electors of the City to serve as members of the Early Voting
Ballot Board.
SECTION 5. All resident qualified electors of the
City shall be permitted to vote at the election and on the
day of the election, such electors shall vote at the
designated polling place. The election shall be held and
conducted in accordance with the provisions of the Texas
Election Code, as amended, and the provisions of Texas
Revised Civil Statutes Annotated Chapter 1 of Title 22, as
amended, and as may be required by any other law. All
election materials and proceedings shall be printed in both
English and Spanish.
SECTION 6. A substantial copy of this Ordinance shall
serve as a proper notice of the election. This notice,
including a Spanish translation thereof, shall be posted on
the bulletin board used for posting notices of the meetings
of the Council at least twenty one (21) days prior to the
date the election is to be held, and shall be published once
in a newspaper of general circulation in the City not more
than thirty (30) days, and not less than ten (10) full days
prior to the day of the election.
SECTION
hereof are
hereby made
are adopted
Council.
7. The recitals contained in the preamble
hereby found to be true, and such recitals are
a part of this Ordinance for all purposes and
as a part of the judgment and findings of the
SECTION 8. All ordinances and resolutions, or parts
thereof, which are in conflict or inconsistent with any
provision of this Ordinance are hereby repealed to the
extent of such conflict, and the prov~s~ons of this
Ordinance shall be and remain controlling as to the matters
ordered herein.
SECTION 9. This Ordinance shall be construed and
enforced in accordance with the laws of the State of Texas
and the United States of America.
SECTION 10. If any prov~s~on of this Ordinance or the
application thereof to any person or circumstance shall be
held to be invalid, the remainder of this Ordinance and the
application of such provision to other persons and
circumstances shall nevertheless be valid, and this Council
hereby declares that this Ordinance would have been enacted
without such invalid provision.
SECTION 11. It is officially found, determined, and
declared that the meeting at which this Ordinance is adopted
was open to the public and public notice of the time, place,
and subject matter of the public business to be considered
at such meeting, including this Ordinance, was given, all as
required by Chapter 551, Texas Government Code, as amended.
PASSED AND APPROVED, on first reading, this the I~ day of
February, 1994.
PASSED AND APPROVED, on final reading, this the /~tk day of
February, 1994.
ATTEST:
(CITY SEAL)
..
l ,#
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally
appear~d7?(::lv, Qh;.~ known to me, who, being by me
duly sworn, on his oath deposes and says that he is the publisher of
The Seguin Gazette-Enterprise, a newspaper published in said county;
that a copy of the within and foregoing tJQ.frc~ was published in
said newspaper 0)
times before the return day named therein,
s~ ;ublications being o~ the follo~g dates:
f -eD'Ltlli-c, Qq ::LLf J c;C;Y
and a newspaper copy of which is hereto attached.
~~
Sworn to and subscribed before me, this ;},.5 day of ~.d- AD., 19 ~ .
w.:. ~..-... ...-........ ............... .................. .......t
.......~~;....pt;.....~. MARGARET L. CLARKSON I
.' :'\,- .......,. 6>< .. I
f~~...... f\ .......;C)\ Notary Public I
I f {N i} STATE OF TEXAS
\~ ;....... "...~~"l My Camm. / \/ tfiitH
V.;11;.....~.\0-.... Date Exp. - / r"" '(J
#'#".IJ~If~I:"'."."'~
Yn.~/~ / ~L-d
Notary lie, Guadalupe County, Texas
I" - - . . . - . . . . , , . , . , . . _ .. .....
u
I~ CS/
"
I ~ '.
,
, "
.,
TE
IG;
A
Passed, ap roveo .."u
adoptecj I 8', 5th day of BER
February, 19 . We a
June G. a muda
City Secre r 379-6
ORDINANCE NO. EMI
94-E-6 One y,
AN ORDINANCE CALLE female
ING A HOME RUL (210)
;;j A~N~
nd
of
- .....,
...,. ,
LEGAL
NOTJCES 100
-
EMU
Exceptic
512-,798-
JOH
Horse Tra
in Seguin I
& save 30'
Wed, ridini
of particii
necessary I
better hors
charged. 3
UMOU~
'$74)G-$7~
:,'"n. ollde
l\III", 3~
ELECTION TO BE HELD
IN THE CITY OF
SCHERTZ, TEXAS ON
MAY 7, 1994; MAKING
PROVISION FOR THE
CONDUCT OF THE ELEC-
TION' AND RESOLVING
OTHER MATTERS INCI-
DENT AND RELATED TO
SUCH ELECTION.
Passed, approved and
adopted the, 15th day of
" February, 1994.
;;::'cJune G.Kra~,
\,City~etary ..
, ORDINANCE NO.
94.E-7
AN no"'.....
1155.
aived
City
19uin,
1994,
Iblicly
3:00
ad af-
'ch 9,
j un-
j will
lunci!
15,
\,Iring
19. If
re-
tact
~ing
",",""'1-
.. -It
Jun". e,
City.l..cr 'I
.
on-
ted
12,
'he
se
er
ORDINANCE NO.
94.E-6
AN ORDINANCE CALL-
ING A .HOME RULE
CHARTER AMENDMENT
ELECTION TO BE HELD
IN THE CITY OF
SCHERTZ, TEXAS ON.
MAY 7, 1994; MAKING
PROVISION FOR THE
CONDUCT OF THE ELEC-
TION; AND RESOLVING
OTHER MATTERS INCI-
DENT AND RELATED TO
SUCH ELECTION.
Passed, approved and
adopted the 15th day of
February, 1994.
June G. Krause,
City Secretary.
PERSONAL
NOTICES 120
pose u, __
Wheth. er the machine, is,n
proper order for use. I
J.R. Perez C
Presiding Judgei
I ADVISO PUBLICO DIf
PROBAR EL~QUIPd
PARA TABULAR
Por 10 preserlte sa da av 0
que el equipo .para tab ar
automaticamente" q49 . e
usara 'en la Eiecclon ri-
maria que se Uevaraa c 0
el 8 de Marzo, 1994, e
probSra el 26 de Febrefo,
1994 a las 10,00. de,Jla
manana a 307.\y, C.ourtSt.,
Seguin,Te~sd~?~ p.,:?p-
osito ',.de:.deterrillilar" ;SI la
maquina esta fllnc;c>nando
adecuadqiuneilti'3 para
usarse en.~.,eleccion.
J:R: Perez' I
Juez. PreSiQeIl,tg,. '
PERs.r;~\f/~L
NOTICE:S -i 20
,jo
~ '
PUBLISHER'S AFFIDAVIT
V
THE STATE OF TEXAS, 'it{.... <(
County of Guadalupe
Before me, the undersigned authority, on this date personally
appeared ~ F' ~ S knovvn to me, who, being by me
duly sworn, on his oath deposes and says that he is the publisher of
The Seguin Gazette-Enterprise, a newspaper published in said county;
that a copy of the within and foregoing tJ ~ Q..L. was published in
said ne'wspaper :;;)..J times before the return day named therein,
such publications being on the fOllOr dates:
~~-I1v.If}J jqq
and a newspaper copy of which is hereto attached.
~~L~
Sworn to and subscribed before me, this..lL. day of :J.d.--- AD., 19 U .
"'..........".,.".,
-,....o;>,,'{ PU "'"
..':\~:...-.......$'<' ....
, Cl .., "'-C-' '\
fo?:/.~J\';\ \
~. ~\. ~ /~~i
\ IJ'. '. .~ ~
""/'" it......F... ~v.,....
"'" C ..",
""''''''1''''
MARGARET 1... CLARKSON
Notury Public
STATE OF TEXAS \
My Co:nm. 1-/</-9~ Ii
Date Exp. U
I
/??~~~r~~
No lie, Gwuialupe County, Texas "
....-"
! 5, b ()
.
, .'
"
..
. 't,
I '. I
l EC;f. '_
NC'-: ~...:, E"S ~ 00
~ A~ OROINANCE CALL-
ING . AN 'ELECTION AND
NON-BIDDING RE-
FERENDUM TO BE HELD
IN THE CITY OF
SCHERTZ, TEXAS ON
MAY 7, 1994; CONCERN-
ING THE PROPOSED
~ALE,.oF PARKLAN.D
,,~ND ESTABLISHING A
~UABOIDERECYCLlNG
I3ROGRI' " '.,r~tAKING
P, ',R,O, ,V,ISIJ,FOR1HE.
OOND.UCl'" TRE'E:eEC-i
T.ION,,',',~,' ,i ;,J.'~, .:,.-BIDQIN, G
REFEREROUM' ANDRE-
SOLV~GQTHERMA~
l'e8S INCIDENT AND RE-
LATED THERETO.~,
First readinga~" n
February 1; .1994. ..'
JUne G. Krause, ' .
CltyS~etalY" ' . .
AN ORDINANCE
BY ,THE CITY COUNCIL.
OF THE CITY OF
SCHERTZ, ,TEXAS,PRO~
VIPING THAT THE CODE
OF OR.DlfejANCES BE
AMENDED BVREVISING
SECTION 18-32 STOP IN-
TERSECTIONS;- SEC-
LEGAL
NOTICES 100
I
TEXAS,CALLlNGAN j
eLECTION TO BE HELD 0
ON MAY 7, 1994, FOR '. a
THE PURPOSE OF
ELECTINGtlA {MAYOR
. '~~*,.~'.E, (2toC~U:~15,. ~~
First .' ~ppr ved on III
Feb~u '1 19
June raus 6 (
pilY-Se/ ,..,', ,:,:;, .,:> $525
AN".ORDINANCE ,CALL-df;~3i
lNG, A HOME,J1.U"l",E,,-:-'-
bHARtER AMEN~'t:JT"~""
ELECTION TO BE HELD BERI
IN THE C IT Y O..E We al
SCHERTZ, TEXAS ON muda
MAY 7, 1994; MAKING 379-61
PROVISION FOR THE EMl
CONDUCT OF THE EL.EC- One y
TION; AND RESOL.VING femal
OTHER'MATTERS INCI-
DENT AND RELATED TO (210)
SUCH ELECTION. EfI
First reading approved, on Exce
February 1, 1994, 512-
June, G.Krause,
City Secretary
Ci~'" ~~
AN oRtnNANCe CALl-
lfiG A HOME RULE
CHARTER AMENDMENT
EtECTION roBE HELD
tN'THE CITY OF
SCHERTZ, TEXAS ON
MAY 7,1994; MAKING
PROVISION FOR THE
CONDUCT OF THEELEC-
TION;. AND RESOLVING
OTHER MATTERS INCl.
DENi AND RELATED TO
~IJCH,~LECTJON.
FiTstteadirig $ppl'Oved on
FebrUary 1, 1994.
JUne G; Krause,
City Secretary
AN OR~NCE CALL- S-
ING AN ELECTION AND in
R.
BUS. OPP. 190
Hor:
inS
&s
F.tah A O.."..h".... RtA.
AN (
cm
CIT
TE)i
ELE
ON
TH
Elf
ANI
ME
CIl
'Fin
Fel
JUI
Cil
I
~
, ..